Body Corporate Disclosure Statement (QLD): What to Check Before You Buy a Unit in 2025

Buying into a Queensland community titles scheme (CTS) is not just about the apartment or office you see—it’s also a commitment to shared rules, expenses, and governance under a body corporate. The Body Corporate Disclosure Statement is designed to help you understand that commitment before you sign. In this guide, we explain what to look for, your rights if something’s missing or wrong, and the significant changes commencing 1 August 2025.

At Aylward Game Solicitors (Brisbane, Gold Coast & Sunshine Coast), our property and commercial team—led by Mark Game, solicitor of the Supreme Court of Queensland and the High Court of Australia—advises buyers, sellers and agents daily on disclosure compliance, risk control, and smooth settlements.

Quick Snapshot: How Disclosure Works in Queensland

• Existing lots (current regime): The seller must provide a section 206 disclosure statement under the Body Corporate and Community Management Act 1997 (BCCM Act) before the buyer signs. The seller also gives statutory warranties under section 223 of the BCCM Act in the contract.
• Proposed lots (off-the-plan): The seller must give a section 213 disclosure statement (different content and attachments).
• From 1 August 2025: The section 206 statement will be replaced by a Body Corporate Certificate:
  • Form 33 (most CTS)
  • Form 34 (specified two-lot schemes)
• These certificates are prepared by the body corporate, not the seller. Deadlines and fees apply, and limited exceptions allow an explanatory statement if a certificate cannot be obtained for prescribed reasons.

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What Is a Body Corporate Disclosure Statement?

A Body Corporate Disclosure Statement (for existing lots under s 206) is given by the seller before contract. It provides essential information about:

• The lot and plan details (real property description), CTS name/address/number.
• The annual contributions (levies) payable by the lot owner (admin fund and sinking fund).
• Whether the buyer will be responsible for improvements on common property (e.g., pergolas/awnings under exclusive use).
• The contact details for the committee secretary and the body corporate manager.
• Whether the body corporate holds assets (e.g., gym equipment, furniture, security systems).
• Often—though not always—insurance details, sinking fund balance, and useful financials.

Important: A disclosure statement is not a building & pest report, zoning approval, or a full health check. It’s the starting point for focused due diligence.

What to Check Line-By-Line (Existing Lots, s 206)

Use this checklist to avoid surprises:

1. Identity & Basics
   • Lot/plan match the contract and title.
   • CTS name, address and CTS number are correct.
   • Secretary and body corporate manager details are current.
2. Levies & Special Levies
   • Current annual contributions for admin and sinking funds.
   • Whether any special levies have been approved or are likely.
   • Any late-payment penalties outlined.
3. Improvements & Exclusive Use
   • Whether you must maintain or replace improvements on common property benefiting your lot.
   • Any exclusive use allocations and their conditions.
4. Assets & Insurance
   • Body corporate assets that imply maintenance/replacement in future.
   • Overview of insurance—policy type, sums insured, known excesses.
   • Noting: building-level fire safety/evacuation compliance remains critical.
5. Records & Financial Position
   • Ask: does the sinking fund seem adequate for upcoming capital works?
   • Have there been defects, disputes, or litigation recorded?
   • Are there arrears of levies that suggest financial stress across the scheme?
6. By-Laws & Use
   • Pets, short-stay letting, smoking, renovations, parking, noise, signage (for commercial).
   • Any by-law that conflicts with your intended use.

Pro Tip: Don’t stop at the paper. Arrange a records inspection and review minutes, budgets, insurance, CMS, and any building management statement to see the full picture.

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Statutory Warranties (s 223) — What the Seller Promises

On top of the s 206 statement, the seller gives statutory warranties in the contract (unless expressly excluded). In summary:

• No latent/patent defects in common property or body corporate assets, except:
  • Fair wear and tear; or
  • Defects disclosed in the contract; and
  • Not otherwise disclosed in the body corporate records.
• No non-routine liabilities (actual, contingent or expected) beyond normal operating expenses, and none disclosed in the records.
• No circumstances in the body corporate’s affairs likely to materially prejudice the buyer.

It’s not enough for a contract to say “refer to disclosure statement”. The warranties cover additional ground. Sellers and agents must address them expressly.

Agent note: Breaches can jeopardise commission.

Proposed Lots (Off-the-Plan, s 213)

For proposed lots, the seller’s s 213 disclosure must:

• Identify the proposed lot and be accompanied by a disclosure plan.
• State the expected annual contributions to the body corporate.
• Include terms/costs for body corporate managers/service contractors and any letting agent.
• Identify the regulation module.
• Be accompanied by the proposed CMS (and associated layered CMS if relevant), and any building management statement proposed.

If the seller fails to comply (and settlement hasn’t occurred), the buyer may have a right to terminate.

Consequences of Non-Compliance (Buyer Rights)

• If a s 206 statement is not signed, not substantially complete, or contains inaccuracies that you cannot verify despite reasonable efforts, you may terminate before settlement.
• For statutory warranty breaches:
  • Proposed lots: terminate up to 3 days before you are required to complete.
  • Existing lots: terminate within 14 days of receiving your copy of the contract.

Given the deadlines are strict, it pays to get a property lawyer onto the disclosure immediately on receipt.

Accessing Body Corporate Records & Typical Fees

• Inspection: request in writing; the body corporate generally has 7 days to provide access/copies once the correct fee is paid.
• Copy fees: charged per page.
• Certificates: a Body Corporate Certificate fee applies (and from 1 August 2025, it becomes the prescribed seller disclosure for existing lots).

These fees index annually on 1 July. Ask us (or the manager) to confirm current figures before you order.

Major Change from 1 August 2025: Body Corporate Certificates (Form 33/34)

From 1 August 2025, the s 206 statement is replaced by a prescribed body corporate certificate:

• Form 33 — for all CTS other than specified two-lot schemes.
• Form 34 — for specified two-lot schemes (simpler governance).

Key points:

• Only the body corporate can prepare and issue the certificate (not the seller).
• The body corporate must provide the certificate within 5 business days of a written request, and may charge a fee.
• If the body corporate cannot issue a certificate for prescribed reasons (e.g., missing/destroyed records; after first AGM no committee/manager appointed under certain modules), the seller may instead give an explanatory statement.
• Practical tip (sellers/agents): Request Form 33/34 early and build the 5-day SLA into your sales timetable to avoid delays.

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Buyer-Side Due Diligence (Beyond the Paper)

Because disclosure isn’t everything, we typically advise buyers to also verify:

• Title & encumbrances: easements, covenants, caveats, and any building management statement affecting rights and obligations.
• Planning & zoning: confirm your intended use (including signage/hours for commercial).
• Fire & building compliance: evacuation diagrams, extinguishers, testing schedules.
• Sinking fund resilience: compare capital works plans with fund balance.
• Defects & disputes: read minutes for unresolved issues, litigation, or levy arrears trends.

If you’re not satisfied, a due diligence special condition can give you a defined exit.

Seller & Agent Checklist (Current Regime → New Regime)

Now (existing lots):

• Obtain a complete and signed s 206 disclosure before presenting the contract.
• Confirm statutory warranties (s 223) are accurately dealt with in the contract (not just “refer to disclosure”).
• Proactively check records for defects, non-routine liabilities, and special levies.
• Keep a paper trail—buyers who can’t verify info may terminate.

From 1 Aug 2025:

• Request Form 33/34 from the body corporate early (allow 5 business days).
• If the certificate cannot be provided for a prescribed reason, attach a valid explanatory statement.
• Continue to manage s 223-style risks in the contract—accuracy matters to keep deals and commissions safe.

How Aylward Game Solicitors Helps (QLD)

With nearly 50 cumulative years across Property & Conveyancing, Commercial & Business Law, Banking & Finance, and Litigation, our team blends front-foot due diligence with practical risk control:

• Pre-contract checks on s 206/s 213 content (or Form 33/34 from 1 Aug 2025).
• Drafting special conditions (due diligence, finance, use approvals).
• Reviewing by-laws, CMS, insurance, sinking fund and committee minutes.
• Advising on termination rights and statutory warranties.
• Acting fast on defects, disputes, or liabilities uncovered.

Lead Lawyer: Mark Game — Litigation, Property & Commercial Law, Banking & Finance Law (including vendor finance and complex structures). Mark’s deep commercial background means disclosure issues are weighed against real-world risk, not just theory.

Conveyancing: Josie Stokes, Conveyancer (Paradise Point), delivers clear, responsive settlement support across Brisbane, Gold Coast & Sunshine Coast.

Need precise advice or a contract review?
Call 07 3236 0001 or visit aylwardgame.com.au. We work electronically across Queensland.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Frequently Asked Questions (FAQs)

What is a Body Corporate Disclosure Statement in QLD?

It’s information the seller must provide before you sign to buy an existing lot in a community titles scheme. It covers levies, contacts, improvements on common property, assets and more so you can understand ongoing obligations and risks.

What is a seller disclosure statement in QLD?

For existing lots, the seller provides a section 206 disclosure statement before contract. For proposed lots, a section 213 disclosure applies. From 1 Aug 2025, a Body Corporate Certificate (Form 33/34) will replace s 206 for existing lots.

What happens if the disclosure statement is incomplete or wrong?

If it’s not signed, not substantially complete, or you can’t verify key info despite reasonable efforts, you may terminate before settlement. Contractual statutory warranty breaches also create termination rights with strict timeframes.

What should I check in a disclosure statement?

Confirm lot/plan and CTS details, levies (including special levies), any improvements you must maintain, assets, insurance, and check by-laws for pets, letting and renovations. Always do your own records inspection too.

Do I still need a building & pest inspection?

Yes. The disclosure is about body corporate matters. It’s not a substitute for building & pest or a zoning review. Arrange independent inspections and legal due diligence.

How do the rules change on 1 August 2025?

The s 206 disclosure statement is replaced by a Body Corporate Certificate (Form 33/34), issued by the body corporate within 5 business days of request, with limited exceptions allowing an explanatory statement.

Can agents lose commission over disclosure issues?

Yes. Breaches of disclosure or warranties can put commission at risk. Agents should order certificates early (post-1 Aug 2025), check content, and raise issues for the contract.

What is a disclosure statement for a proposed lot (off-the-plan)?

Under s 213, sellers must disclose expected levies, the regulation module, management/letting engagements, proposed assets, and attach the proposed CMS (and related documents). Buyers get termination rights if compliance fails.

How much do records and certificates cost?

Fees apply for inspections, copies and certificates, and typically index each 1 July. The body corporate must provide access/copies within 7 days of a valid request, and Form 33/34 within 5 business days after 1 Aug 2025.

Should I add a due diligence condition?

Yes. A due diligence special condition lets you exit if records reveal unacceptable risks. We tailor conditions to your situation to preserve rights and timelines.

Final Word

A Body Corporate Disclosure Statement is essential, but it’s only one piece of the puzzle. To buy confidently—and to preserve your termination rights—get a fast legal review, do the records inspection, and ensure your contract includes protective conditions. With the move to Form 33/34 on 1 August 2025, timing and process discipline matter more than ever.